Previous Next

Contents page 1-9 10-18 20-29 30-39 40-49 50-59 60-69 70-79 80-89 90-98 100-109 110-119 120-122 Last page

Consumer Rights BillPage 60

33 In section 91(1) (arbitration agreement unfair where modest amount sought)
for “Regulations” substitute “Part”.

Unfair Terms in Consumer Contracts Regulations 1999 (S.I. 1999/2083S.I. 1999/2083)

34 The Unfair Terms in Consumer Contracts Regulations 1999 are revoked.

5Enterprise Act 2002 (c. 40)2002 (c. 40)

35 In Schedule 15 to the Enterprise Act 2002 (enactments for the purposes of
which disclosures may be made), at the end insert—

Companies Act 2006

36 10The Companies Act 2006 is amended as follows.

37 (1) Section (A) of Part 2 of Schedule 2 (specified descriptions of disclosures for
the purposes of section 948) is amended as follows.

(2) In paragraph 25—

(a) omit paragraph (h), and

(b) 15after paragraph (j) insert—

(k) Schedule 3 to the Consumer Rights Act 2014.

(3) For paragraph 33 substitute—

33 A disclosure for the purposes of enabling or assisting a regulator
under Schedule 3 to the Consumer Rights Act 2014 other than the
20Competition and Markets Authority to exercise its functions
under that Schedule.

38 (1) Part 2 of Schedule 11A (specified descriptions of disclosures for the purposes
of section 1224A) is amended as follows.

(2) In paragraph 39, for paragraph (i) insert—

(i) 25Schedule 3 to the Consumer Rights Act 2014.

(3) For paragraph 48 substitute—

48 A disclosure for the purposes of enabling or assisting a regulator
under Schedule 3 to the Consumer Rights Act 2014 other than the
Competition and Markets Authority to exercise its functions
30under that Schedule.

Consequential repeals

39 In consequence of the amendments made by this Schedule—

(a) omit paragraph 19(b) of Schedule 2 to the Sale of Goods Act 1979,
and

(b) 35in paragraph 21 of that Schedule, omit “and (2)(a)” and “(in each
case)”.

Consumer Rights BillPage 61

Section 77

SCHEDULE 5 Investigatory powers etc.

Part 1 Basic concepts

5Overview

1 (1) This Schedule confers investigatory powers on enforcers and specifies the
purposes for which and the circumstances in which those powers may be
exercised.

(2) Part 1 of this Schedule contains interpretation provisions; in particular
10paragraphs 2 to 6 explain what is meant by an “enforcer”.

(3) Part 2 of this Schedule explains what is meant by “the enforcer’s legislation”.

(4) Part 3 of this Schedule contains powers in relation to the production of
information; paragraph 13 sets out which enforcers may exercise those
powers, and the purposes for which they may do so.

(5) 15Part 4 of this Schedule contains further powers; paragraphs 19 and 20 set out
which enforcers may exercise those powers, and the purposes for which they
may do so.

(6) Part 5 of this Schedule contains provisions that are supplementary to the
powers in Parts 3 and 4 of this Schedule.

(7) 20Part 6 of this Schedule makes provision about the exercise of functions by
certain enforcers outside their area or district and the bringing of
proceedings in relation to conduct outside an enforcer’s area or district.

Enforcers

2 (1) In this Schedule “enforcer” means—

(a) 25a domestic enforcer,

(b) an EU enforcer,

(c) a public designated enforcer, or

(d) an unfair contract terms enforcer.

(2) But in Part 4 and paragraphs 38 and 41 of this Schedule “enforcer” means—

(a) 30a domestic enforcer, or

(b) an EU enforcer.

(3) In paragraphs 13, 19 and 20 of this Schedule, a reference to an enforcer
exercising a power includes a reference to an officer of the enforcer
exercising that power.

35Domestic enforcers

3 (1) In this Schedule “domestic enforcer” means—

(a) the Competition and Markets Authority,

(b) a local weights and measures authority in Great Britain,

(c) a district council in England,

Consumer Rights BillPage 62

(d) the Department of Enterprise, Trade and Investment in Northern
Ireland,

(e) a district council in Northern Ireland,

(f) the Secretary of State,

(g) 5the Gas and Electricity Markets Authority,

(h) the British Hallmarking Council,

(i) an assay office within the meaning of the Hallmarking Act 1973, or

(j) any other person to whom the duty in subsection (1) of section 27 of
the Consumer Protection Act 1987 (duty to enforce safety provisions)
10applies by virtue of regulations under subsection (2) of that section.

(2) But the Gas and Electricity Markets Authority is not a domestic enforcer for
the purposes of Part 4 of this Schedule.

(3) The reference to the Department of Enterprise, Trade and Investment in
Northern Ireland includes a person with whom the Department has made
15arrangements, under paragraph 3(1) of Schedule 15 to the Lifts Regulations
1997 (SI 1997/831SI 1997/831) for enforcement of those regulations.

EU enforcers

4 In this Schedule “EU enforcer” means—

(a) the Competition and Markets Authority,

(b) 20a local weights and measures authority in Great Britain,

(c) the Department of Enterprise, Trade and Investment in Northern
Ireland,

(d) the Financial Conduct Authority,

(e) the Civil Aviation Authority,

(f) 25the Secretary of State,

(g) the Department of Health, Social Services and Public Safety in
Northern Ireland,

(h) the Office of Communications,

(i) an enforcement authority within the meaning of section 120(15) of
30the Communications Act 2003 (regulation of premium rate services),
or

(j) the Information Commissioner.

Public designated enforcers

5 In this Schedule “public designated enforcer” means a person or body
35which—

(a) is designated by order under subsection (2) of section 213 of the
Enterprise Act 2002, and

(b) has been designated by virtue of subsection (3) of that section (which
provides that the Secretary of State may designate a public body only
40if satisfied that it is independent).

Unfair contract terms enforcer

6 In this Schedule “unfair contract terms enforcer” means a person or body
which—

Consumer Rights BillPage 63

(a) is for the time being listed in paragraph 8(1) of Schedule 3 (persons
or bodies that may enforce provisions about unfair contract terms),
and

(b) is a public authority within the meaning of section 6 of the Human
5Rights Act 1998.

Officers

7 (1) In this Schedule “officer”, in relation to an enforcer, means—

(a) an inspector appointed by the enforcer to exercise powers under this
Schedule, or authorised to do so,

(b) 10an officer of the enforcer appointed by the enforcer to exercise
powers under this Schedule, or authorised to do so,

(c) an employee of the enforcer (other than an inspector or officer)
appointed by the enforcer to exercise powers under this Schedule, or
authorised to do so, or

(d) 15a person (other than an inspector, officer or employee of the enforcer)
authorised by the enforcer to exercise powers under this Schedule.

(2) But references in this Schedule to an officer in relation to a particular power
only cover a person within sub-paragraph (1) if and to the extent that the
person has been appointed or authorised to exercise that power.

(3) 20A person who, immediately before the coming into force of this Schedule,
was appointed or authorised to exercise a power replaced by a power in this
Schedule is to be treated as having been appointed or authorised to exercise
the new power.

(4) In this paragraph “employee”, in relation to the Secretary of State, means a
25person employed in the civil service of the State.

Interpretation of other terms

8 In this Schedule—

Consumer Rights BillPage 64

Part 2 The enforcer’s legislation

Enforcer’s legislation

9 (1) In this Schedule “the enforcer’s legislation”, in relation to a domestic
5enforcer, means—

(a) legislation or notices which, by virtue of a provision listed in
paragraph 10, the domestic enforcer has a duty or power to enforce,
and

(b) where the domestic enforcer is listed in an entry in the first column
10of the table in paragraph 11, the legislation listed in the
corresponding entry in the second column of that table.

(2) References in this Schedule to a breach of or compliance with the enforcer’s
legislation include a breach of or compliance with a notice issued under—

(a) the enforcer’s legislation, or

(b) 15legislation under which the enforcer’s legislation is made.

(3) References in this Schedule to a breach of or compliance with the enforcer’s
legislation are to be read, in relation to the Lifts Regulations 1997 (SI 1997/
831), as references to a breach of or compliance with the Regulations as they
apply to relevant products (within the meaning of Schedule 15 to the
20Regulations) for private use or consumption.

Enforcer’s legislation: duties and powers mentioned in paragraph 9(1)(a)

10 The duties and powers mentioned in paragraph 9(1)(a) are those arising
under any of the following provisions—

Enforcer’s legislation: legislation mentioned in paragraph 9(1)(b)

11 10Here is the table mentioned in paragraph 9(1)(b)—

Enforcer Legislation
A local weights and
measures authority in Great
Britain or the Department of
Enterprise, Trade and
Investment in Northern
Ireland
The Measuring Container Bottles (EEC
Requirements) Regulations 1977 (SI
1977/932)
15

The Secretary of State The Alcoholometers and Alcohol
Hydrometers (EEC Requirements)
20Regulations 1977 (SI 1977/1753SI 1977/1753)
A local weights and
measures authority in Great
Britain
The Weights and Measures Act 1985
and regulations and orders made under
that Act
A local weights and
measures authority in Great
Britain or the Department of
Enterprise, Trade and
Investment in Northern
Ireland
The Measuring Instruments (EEC
25Requirements) Regulations 1988 (SI
1988/186)


A local weights and
measures authority in Great
Britain or the Department of
Enterprise, Trade and
Investment in Northern
Ireland
30The Financial Services and Markets Act
2000 so far as it relates to a relevant
regulated activity within the meaning of
section 107(4)(a) of the Financial
Services Act 2012.
35
A local weights and
measures authority in Great
Britain or the Department of
Enterprise, Trade and
Investment in Northern
Ireland
The Non-Automatic Weighing
Instruments Regulations 2000 (SI 2000/
3236)

40

Powers to amend paragraph 10 or 11

12 (1) The Secretary of State may by order made by statutory instrument—

Consumer Rights BillPage 67

(a) amend paragraph 10 or the table in paragraph 11 by adding,
modifying or removing any entry in it;

(b) in consequence of provision made under paragraph (a), amend,
repeal or revoke any other legislation (including this Act) whenever
5passed or made.

(2) The Secretary of State may not make an order under this paragraph that has
the effect that a power of entry, or an associated power, contained in
legislation other than this Act is replaced by a power of entry, or an
associated power, contained in this Schedule unless the Secretary of State
10thinks that the condition in sub-paragraph (3) is met.

(3) That condition is that, on and after the changes made by the order, the
safeguards applicable to the new power, taken together, provide a greater
level of protection than any safeguards applicable to the old power.

(4) In sub-paragraph (2) “power of entry” and “associated power” have the
15meanings given by section 46 of the Protection of Freedoms Act 2012.

(5) An order under this paragraph may contain transitional or transitory
provision or savings.

(6) A statutory instrument containing an order under this paragraph that
amends or repeals primary legislation may not be made unless a draft of the
20instrument containing the order has been laid before, and approved by a
resolution of, each House of Parliament.

(7) Any other statutory instrument containing an order under this paragraph is
subject to annulment in pursuance of a resolution of either House of
Parliament.

(8) 25In this paragraph “primary legislation” means—

(a) an Act of Parliament,

(b) an Act of the Scottish Parliament,

(c) an Act or Measure of the National Assembly for Wales, or

(d) Northern Ireland legislation.

30Part 3 Powers in relation to the production of information

Exercise of powers in this Part

13 (1) An enforcer of a kind mentioned in this paragraph may exercise a power in
this Part of this Schedule only for the purposes and in the circumstances
35mentioned in this paragraph in relation to that kind of enforcer.

(2) The Competition and Markets Authority may exercise the powers in this
Part of this Schedule for any of the following purposes—

(a) to enable the Authority to exercise or to consider whether to exercise
any function it has under Part 8 of the Enterprise Act 2002;

(b) 40to enable a private designated enforcer to consider whether to
exercise any function it has under that Part;

(c) to enable a Community enforcer to consider whether to exercise any
function it has under that Part;

Consumer Rights BillPage 68

(d) to ascertain whether a person has complied with or is complying
with an enforcement order or an interim enforcement order;

(e) to ascertain whether a person has complied with or is complying
with an undertaking given under section 217(9), 218(10) or 219 of the
5Enterprise Act 2002.

(3) A public designated enforcer, a local weights and measures authority in
Great Britain, the Department of Enterprise, Trade and Investment in
Northern Ireland or an EU enforcer other than the Competition and Markets
Authority may exercise the powers in this Part of this Schedule for any of the
10following purposes—

(a) to enable that enforcer to exercise or to consider whether to exercise
any function it has under Part 8 of the Enterprise Act 2002;

(b) to ascertain whether a person has complied with or is complying
with an enforcement order or an interim enforcement order made on
15the application of that enforcer;

(c) to ascertain whether a person has complied with or is complying
with an undertaking given under section 217(9) or 218(10) of the
Enterprise Act 2002 following such an application;

(d) to ascertain whether a person has complied with or is complying
20with an undertaking given to that enforcer under section 219 of that
Act.

(4) A domestic enforcer may exercise the powers in this Part of this Schedule for
the purpose of ascertaining whether there has been a breach of the enforcer’s
legislation.

(5) 25But a domestic enforcer may not exercise the power in paragraph 14 (power
to require the production of information) for the purpose in sub-paragraph
(4) unless an officer of the enforcer reasonably suspects a breach of the
enforcer’s legislation.

(6) Sub-paragraph (5) does not apply if the enforcer is a market surveillance
30authority within the meaning of Article 2(18) of the Regulation on
Accreditation and Market Surveillance and the power is exercised for the
purpose of market surveillance within the meaning of Article 2(17) of that
Regulation.

(7) An unfair contract terms enforcer may exercise the powers in this Part of this
35Schedule for either of the following purposes—

(a) to enable the enforcer to exercise or to consider whether to exercise
any function it has under Schedule 3 (enforcement of the law on
unfair contract terms and notices);

(b) to ascertain whether a person has complied with or is complying
40with an injunction or interdict (within the meaning of that Schedule)
granted under paragraph 5 of that Schedule or an undertaking given
under paragraph 6 of that Schedule.

(8) But an unfair contract terms enforcer may not exercise the power in
paragraph 14 for a purpose mentioned in sub-paragraph (7)(a) unless an
45officer of the enforcer reasonably suspects that a person is using, or
proposing or recommending the use of, a contractual term or notice within
paragraph 3 of Schedule 3.

(9) A local weights and measures authority in Great Britain may exercise the
powers in this Part of this Schedule for either of the following purposes—

Consumer Rights BillPage 69

(a) to enable it to determine whether to make an order under section 3
or 4 of the Estate Agents Act 1979;

(b) to enable it to exercise any of its functions under section 5, 6, 8, 13 or
17 of that Act.

(10) 5In this paragraph—

15Power to require the production of information

14 An enforcer or an officer of an enforcer may give notice to a person requiring
the person to provide the enforcer with the information specified in the
notice.

Procedure for notice under paragraph 14

15 (1) 20A notice under paragraph 14 must be in writing and specify the purpose for
which the information is required.

(2) If the purpose is to enable a person to exercise or to consider whether to
exercise a function, the notice must specify the function concerned.

(3) The notice may specify—

(a) 25the time within which and the manner in which the person to whom
it is given must comply with it;

(b) the form in which information must be provided.

(4) The notice may require—

(a) the creation of documents, or documents of a description, specified
30in the notice, and

(b) the provision of those documents to the enforcer or an officer of the
enforcer.

(5) A requirement to provide information or create a document is a requirement
to do so in a legible form.

(6) 35A notice under paragraph 14 does not require a person to provide any
information or create any documents which the person would be entitled to
refuse to provide or produce—

(a) in proceedings in the High Court on the grounds of legal
professional privilege, or

(b) 40in proceedings in the Court of Session on the grounds of
confidentiality of communications.

(7) In sub-paragraph (6) “communications” means—

(a) communications between a professional legal adviser and the
adviser’s client, or

Previous Next

Contents page 1-9 10-18 20-29 30-39 40-49 50-59 60-69 70-79 80-89 90-98 100-109 110-119 120-122 Last page